Andean Community Commission
International Passenger Transportation by Road, Replacing Decision 289
THE COMMISSION OF THE CARTAGENA AGREEMENT,
Chapter XI of the Cartagena
Agreement, Commission Decision 289, and Board Proposal 292/Amend. 1;
transportation by road is one of the effective instruments for
consolidating the subregional economic space and accomplishing the
objectives of the Cartagena Agreement;
As of the entry into effect of Decision 289,
international passenger transportation by road has become developed and
specialized, undergoing changes in standards of organization and operation
that make it worthwhile to modernize its regulatory framework;
The increase in demand for this service
calls for rules and regulations that will ensure its efficiency by
determining clearly and precisely the contract conditions and the
responsibilities of both carrier and user;
Article 1 .- The following definitions shall
be used for the application of this Decision and other Community provisions
regulating international passenger transportation by road between the
countries of the Cartagena Agreement:
Border Crossing Customhouse is that located
at the border crossings authorized by the Member Countries, which is
involved in controlling international passenger transportation by road.
Sphere of Operation is the territories of
the Member Countries through which the carrier has been authorized to
provide international passenger transportation by road.
International Travel Ticket, hereinafter
"travel ticket", is the document issued by the authorized carrier
in the name of an individual, through which the carrier commits itself to
transport that person, on being paid a fare, from one city or locality to
another on its itinerary, located in different Member Countries.
National Border Service Center (CENAF) or
Binational Border Service Center (CEBAF) are the facilities located next to
the authorized border crossings, with their necessary installations and
equipment, where the national authorities congregate that control
transportation, traffic, customs, immigration, health and other operations
relating to the access of persons, vehicles and merchandise when they enter
or leave the territory of a Member Country and where complementary
facilitation services for those operations and user services are also
Certificate of approval is the document that
certifies that a bus is approved to provide international passenger
transportation by road.
Closed Circuit is the transportation of an
organized group of persons by an authorized carrier in approved vehicles,
with an established itinerary that crosses two or more Member Countries and
predetermined cities of departure and arrival located in the same country
where the transportation starts.
Border Crossing is the crossing over their
common border authorized by the Member Countries for the movement of
persons, merchandise and vehicles.
Luggage is the clothing and items for the
passengers' personal use, together with the articles needed for their art,
profession or trade, whether carried in suitcases, packed in any other way
or out in the open.
Equipment is the spare parts, tools,
replacements, implements and accessories needed for the normal operation of
the approved vehicles in international passenger transportation by road.
Frequency is each one-way trip assigned to
the authorized carrier on a specified route.
Fleet is the group of approved and
registered vehicles available to the authorized carrier for providing the
service of international passenger transportation by road.
Approval is the administrative act through
which the competent national authority rates a bus as being fit to provide
international passenger transportation service by road.
Schedule is the established day and time for
the departure of an approved vehicle starting an international passenger
transportation service by road.
Itinerary is the sequential description of
the cities or localities on the route between the origin and destination of
the service, where the authorized carrier can collect and drop off
passengers and parcels on an international trip.
Land Crew Card is the document issued by the
national immigration authority of the Member Country of which the crew
member is a national or which granted him/her a resident's visa. It is
issued in the name of the individual and at the request of an authorized
carrier and allows its bearer to enter, pass through in transit, stay in
and leave the territories of the Member Countries as part of the crew of an
approved vehicle in an international passenger transportation by road
Passenger List is the document issued by the
authorized carrier to be handed over to the immigration authorities, which
contains information about the transportation company, approved vehicle,
passengers and crew, as well as the origin and destination of the trip.
International passenger transportation by
road operation, hereinafter "transportation operation", is the
series of services rendered by the authorized carrier to the passenger and
the activities it performs along the route, from the moment when the
passengers board the bus to start the journey to the moment when they get
off at their destination.
Competent National Authority is the
regulatory governmental agency responsible for road transportation in each
of the Member Countries, as well as for the comprehensive implementation of
this Decision and its complementary provisions. The authorities are the
Bolivia: Dirección General de Transporte
Terrestre (General Bureau of Land Transportation)
Colombia: Dirección General de Transporte y
Tránsito Terrestre Automotor (General Bureau of Automotive Land
Transportation and Traffic)
Ecuador: Consejo Nacional de Tránsito y
Transporte Terrestres (National Council of Land Traffic and Transportation)
Peru: Dirección General de Circulación
Terrestre (General Bureau of Land Traffic)
Venezuela: Servicio Autónomo de Transporte
y Tránsito Terrestre (Autonomous Land Transportation and Traffic Service)
The national customs and immigration
Bolivia: - Dirección General de Aduanas
(General Customs Bureau)
- Dirección General de Migración y
Extranjería (General Immigration Bureau)
Colombia: - Dirección de Impuestos y
Aduanas Nacionales (Bureau of National Taxes and Customhouses)
- Subsecretaría de Asuntos Consulares y
Migración (Under Secretariat for Consular and Immigration Affairs), for
the issue of the Land Crew Card; and Departamento Administrativo de
Seguridad (DAS) (Administrative Security Department) for immigration
Ecuador: - Dirección Nacional del Servicio
de Aduanas (National Customs Service Bureau)
- Dirección Nacional de Migración
(National Immigration Bureau)
Peru: - Superintendencia Nacional de Aduanas
(National Customs Superintendency)
- Dirección de Migraciones y Naturalización
(National Bureau of Immigration and Naturalization)
Venezuela: - Servicio Nacional Integrado de
Administración Tributaria (SENIAT) – Gerencia de Aduanas (Integrated
National Tax Administration Service – Customs Office)
- Dirección Sectorial de Extranjería – (Sectorial
Country of Origin is the Member Country
where the carrier was incorporated and has its company headquarters.
Passenger is the individual who is the user
of the international transportation service and bearer of a travel ticket
issued in his/her name.
Original Service Permit is the document
accrediting that the carrier has been authorized by the competent national
authority of its country of origin to provide international passenger
transportation by road once it has obtained the corresponding complementary
Complementary Service Permit is the document
granted to a carrier that possesses an original service permit, accrediting
the authorization given to it by the competent national authority of a
Member Country other than its country of origin, to provide international
passenger transportation by road to or from its territory or through it.
Registration is the inscription by the
competent national transportation authorities or the annotation by national
customs authorities, of each of the approved vehicles to be used in the
international transportation, for the purpose of exercising the
Route is the course to be covered, from the
origin to the destination, by the approved vehicle in an international
Andean Road System is the main,
interregional and complementary roads defined and identified as such
through a Decision of the Cartagena Agreement.
Established Trip is the route and itinerary
between the origin and destination that is assigned to the carrier for
providing the international transportation service.
Passage in transit is the movement of the
approved vehicle and its crew through the territories of the Member
Countries while providing international transportation or as a result of
International Passenger Transportation by
Road, hereinafter "international transportation", is the
transportation of persons which, in reliance on travel tickets and a
passenger list, the authorized carrier provides in approved vehicles, from
a city of origin to a city of destination, located in different Member
Countries, in accordance with the established routes, frequencies and
Authorized Carrier is the company whose
purpose it is to transport passengers by road, incorporated in one of the
Member Countries in accordance with the pertinent national provisions for
business associations or cooperatives, and which holds an original service
permit and one or more complementary service permits.
Crew are the persons employed by the
authorized carrier who are needed to drive the approved vehicle and serve
Approved vehicle is the bus to which the
competent national authority has granted a certificate of approval.
Article 2 .- This Decision establishes the
conditions for providing the service of international passenger
transportation by road among the Member Countries of the Cartagena
Agreement, in order to liberalize the supply of that service.
Article 3 .- The supply and provision of the
international transportation service is grounded in the following basic
principles: freedom of operation; access to the market; national treatment;
transparency; non-discrimination; equality of legal treatment; free
competition and most-favored-nation.
Article 4 .- The Member Countries agree to
homologize the authorizations and transportation documents and to eliminate
all restrictive measures that affect or that may affect international
ON THE SCOPE OF APPLICATION
Article 5. - Such international passenger
transportation by road as is carried out between Member Countries of the
Cartagena Agreement or through their territories, shall be governed by this
Decision and its complementary provisions.
This legislation is also applicable when the
approved vehicle must be transported over a given segment and without
transferring the passengers, through another means of transportation, be it
by sea, river, lake or land, whose use is necessary in order to be able to
continue the international transportation operation.
Article 6.- The provisions of this Decision,
as well as the complementary regulations, are applicable also when the crew
and the approved and registered vehicles are moved without passengers from
one Member Country to another in order to start or continue an
international transportation operation, or to return to their country of
origin after having concluded it.
Article 7 .- The established trips for
international passenger transportation by road are the following:
- Between cities of two bordering Member
- Between cities of two Member Countries
with passage in transit through one or more Member Countries; and
- Between cities of two or more Member
Article 8.- During the international
transportation, authorized carriers may collect and drop off passengers
whose origin and destination are cities or localities on the itinerary,
located in different Member Countries.
The authorized carrier, in order to be able
to collect or drop off international passengers in Member Countries other
than that of its origin, must first obtain a complementary service permit
in those countries.
The provisions of this article are
applicable to the transportation of postal packages and parcels.
Article 9.- The international transportation
provided by carriers from third countries through the territories of one or
more Member Countries, shall be regulated by the national legislation of
each of the Member Countries through which they pass in transit or by the
provisions of international agreements in force.
Article 10.- The international
transportation shall be provided over the routes and in keeping with the
frequencies and itineraries coordinated by the competent international
authorities and assigned by them.
The routes that make up the Andean Road
System and the authorized border crossings, as well as such routes or
border crossings as the Member Countries may authorize, shall be used in
coordinating and assigning routes.
Article 11.- When two or more Member
Countries agree to authorize new routes or border crossings for
international transportation among them, those routes or border crossings
shall be utilized by the authorized carriers of the other Member Countries.
Article 12.- The original and the
complementary service permits and certificate of approval do not grant the
authorized carrier the right to provide local passenger transportation by
road in the Member Countries.
Article 13.- Authorized carriers, on a
complementary basis, may engage in the international transportation of
postal packages and parcels. This service shall be provided only in
approved and registered vehicles.
Article 14.- In order for the authorized
carrier to provide the service of international passenger transportation by
road, it shall not be necessary for the Member Country of passage in
transit or destination on the established trips it intends to offer, to
have authorized a company from its country to offer the same established
trip or another whose destination or through which it will pass in transit
is the carrier's country of origin.
The fact that an authorized carrier from the
other Member Country involved in that established trip has not yet started
operating or has suspended its operations may not be used to determine the
launching of the transportation service or to impede its provision.
Article 15.- The stipulations of this
Decision are not applicable to border transportation, which shall be
governed by such provisions as the bordering Member Countries may agree
Article 16.- The Member Countries, in their
respective territories, grant the authorized carriers to which they have
issued complementary service permits, the right to open offices and
branches, as well as to offer and provide international transportation
Article 17.- The Member Countries, in their
respective territories, shall grant approved and registered vehicles
freedom of passage in transit for purposes of international transportation.
Article 18.- An authorized carrier having
obtained a complementary service permit shall enjoy, in the Member Country
that issued that permit, treatment that is no less favorable than that
which, in similar circumstances, is given to authorized carriers from that
Article 19.- The Member Countries shall give
authorized carriers to which they have issued complementary service
permits, treatment that is no less favorable than that which, in similar
circumstances, they grant to carriers from third countries.
Without prejudice to the stipulation of the
previous paragraph, bordering Member Countries may grant each other's
carriers special terms, in order to facilitate passage in transit and
transportation operations locally, so long as these are limited to the
demarcated contiguous border zone.
Article 20.- Any Member Country that adopts
a measure affecting international transportation in regard to the movement
of approved vehicles and crews, shall immediately report it to the other
Member Countries and to the Board of the Cartagena Agreement.
This same procedure shall be followed for
the signing, adherence to or ratification, as well as the denunciation, of
bilateral or multilateral agreements or conventions relating to
international passenger transportation by road, signed with another Member
Country or third countries
ON THE CONDITIONS FOR THE TRANSPORTATION
Article 21.- Only a carrier that possesses
the authorizations established in this Decision may offer international
passenger transportation by road.
By the same token, that carrier, in
providing the service, may not receive treatment that is different because
its form of business organization is not the same.
Article 22. - A carrier interested in
providing international transportation must obtain an original service
permit and a complementary service permit.
It must also secure a certificate of
approval and register each one of the buses belonging to its fleet.
The international transportation service
shall be provided only upon fulfillment of the requirements set out in this
Article 23. - In order to be able to apply
for an original and a complementary service permit, the carrier must be
incorporated in any of the Member Countries of the Cartagena Agreement.
The company shall be governed by the
legislation of the Member Country where it is incorporated and by the
Community provisions for Andean multinational enterprises.
The establishment of offices or branches
shall be regulated by the legislation of the Member Country where they are
Article 24.- The authorized carrier shall
maintain a fleet of at least three approved vehicles in operation. The
competent national authority that issues the original service permit may
require a larger number of buses in light of the routes, frequencies and
distances to be covered.
Article 25. - International passenger
transportation by road shall be carried out as a direct transportation
Only for duly justified reasons of force
majeure or an act of God may the authorized carrier transfer the passengers
and their luggage, as well as the postal packages and parcels it is
transporting, from one vehicle to another.
Transportation over national segments is not
considered international passenger transportation by road.
Article 26.- All international passengers,
during the transportation, shall bear travel tickets and their names shall
be on the passenger list. That list will be handed over to the immigration
officials at the authorized border crossings, on entering and leaving each
one of the Member Countries of origin, passage in transit, and destination
of the transportation.
Article 27. - The drivers' licenses issued by
a Member Country and used by drivers in the international transportation,
shall be recognized as valid in the other Member Countries through which
they pass in transit.
The license category shall correspond to the
classification of the approved vehicle being driven.
Article 28. - Licenses belonging to the
drivers of approved vehicles, when these are providing international
transportation service, may not be retained in the case of traffic
violations that are punishable by fine alone.
Article 29. - The authorized carrier and its
legal representative in each of the Member Countries within its sphere of
operation, are jointly and severally liable for the payment of any fines
imposed on the drivers of the company's approved vehicles for traffic
violations committed during the international transportation service.
Article 30.- The passage in transit of
approved vehicles shall be regulated by automotive vehicle traffic
regulations in effect in the Member Country through which they pass.
Article 31. - The identification used by a
Member Country for the vehicles registered in that country (license plates
or other specific means of identification) that is employed on the approved
vehicles, shall be recognized as valid in the other Member Countries
through which those vehicles pass in transit.
The Member Countries shall not demand that
the approved vehicle that passes through their territories in transit while
providing international transportation service or as a result of it, use
special or additional identification to that indicated in the previous
Article 32. - The insurance policy referred
to in articles 50d) and 51d) of this Decision shall be submitted to the
respective competent national authority before the service may be started.
The authorized carrier may not provide
international transportation service if its civil liability and passenger
casualty insurance policy has expired.
Article 33. - The authorized carrier, in the
cities of origin, shall have on hand at all times the itineraries and
destinations of its assigned routes, with identification of the public or
private facilities available for passenger service and the dispatch and
reception of the approved vehicles.
Before starting operations, it shall also
report the addresses of those facilities located in their respective
countries, to the competent national authorities that issued it the
original and the complementary service permits.
Article 34.- Before starting the service,
the authorized carrier shall establish the schedule of each frequency and
report it to the respective competent national authority that issued it the
original or the complementary service permit. Compliance with the set
starting date and time of the established trip is mandatory.
Any change shall be reported to the
respective competent national authority before it is implemented.
Article 35 .- Authorized carriers may, within
their assigned frequencies, dispatch as many vehicles as needed to cover
the demand for the service.
Article 36 .- The international
transportation may be suspended by:
- Court order;
- Order of the competent national authority
as a result of an administrative proceeding; or
- Decision of the authorized carrier
In the case of item c), the competent
national authority shall be notified at least fifteen calendar days before
The stipulation of the preceding paragraph
is applicable also to the transportation of postal packages and parcels.
The suspension of the passenger
transportation service at the carrier's decision may not last longer than
ninety calendar days, except in duly justified cases of force majeure or
acts of God.
Article 37 .- Failure to reinitiate the
passenger transportation service at the expiration of the cited period or
that granted by the authority in the case of force majeure or an act of
God, shall be considered its abandonment.
Article 38.- For tax purposes, the pertinent
provisions for avoiding double taxation among the Member Countries,
provided for in the legislation of the Cartagena Agreement, shall be
applied to the international transportation.
Continue on to Chapter